Prosecutors continue to compile case against cop accused of murder

Because evidence is still being gathered, case probably won't go to grand jury this week.

Edd Pritchard

County prosecutors continue to compile evidence and will not take
the cases of Bobby L. Cutts Jr. and Myisha L. Ferrell directly to a Stark
County grand jury.

That means hearings planned for Monday in Municipal Court likely will go
forward, forcing city prosecutors to present evidence against the pair.

Cutts, 30, is charged with two counts of murder for the deaths of girlfriend
Jessie M. Davis and her unborn daughter, Chloe. Court papers say they were
killed June 14. Ferrell, 29, is charged with felony obstructing justice,
accused of lying to investigators. Police have not elaborated on her role in
Davis’ death.

Even after two arrests, investigators say they still are pursuing leads and
looking for information in the case.

The Stark County Sheriff’s Department, which is being assisted by the FBI,
released no new information on Wednesday.

The remains of Davis and her daughter were released to her family early
Wednesday. Calling hours and funeral services are planned for Friday and
Saturday. The Silva-Hostetler Funeral Home is handling arrangements, and
services will be at the family’s church, The House of the Lord in Akron.

Several funds have been set up at local banks to help the family and Davis’
surviving son, Blake. The 2-year-old boy is Cutts’ son, and family members
say Cutts is the father of Davis’ unborn child.

Meanwhile, in Stark County Family Court, Kelly R. Cutts formally filed for
divorce from her husband of nearly six years.

She cites gross neglect, incompatibility and ill treatment as reasons. The
first hearing is set for Oct. 2.

CRIMINAL PROCEEDINGS

Bobby Cutts, who is a Canton police officer, and Ferrell made their initial
court appearances Monday. County prosecutors have 10 days from a defendant’s
arrest to get an indictment before the city prosecutor is required to run a
preliminary hearing before a judge, who will decide whether to send the case
to a grand jury.

There had been speculation that prosecutors would try to avoid the municipal
court hearing by seeking a direct indictment.

City Prosecutor Frank Forchione said he discussed the matter Wednesday with
the Stark County Prosecutor’s office, and there isn’t enough time to present
a complete case to a grand jury.

“We want to do a thorough and comprehensive investigation,” Forchione said.
Investigators are waiting on a report from the Summit County Medical
Examiner on Davis and her fetus, Forchione said. No official ruling has been
made on a cause of death. The medical examiner’s office is waiting for
results on numerous tests, including a paternity test and skeletal analysis.

Limited evidence -- enough to show that a crime was committed and that Cutts
and Ferrell played a role in the crime -- is enough to move the case from
municipal court to a grand jury hearing.

Cutts and Ferrell can choose to forego the hearings or extend the 10-day
time limit.

Cutts, of Plain Township, is being held in the Stark County Jail on $5 million bond. Ferrell is being held on $500,000 bond.

Davis’ death began as a mystery.

After not talking to her daughter on June 14, Patty Porter went to Davis’
duplex in Lake Township early on June 15. She found her daughter missing,
her grandson Blake wearing only a dirty diaper and several things in the
apartment in disarray.

A search that gained national attention followed during the next week. It
ended Saturday when investigators found Davis’ remains in the Hampton Hills
Metro Park in Summit County.

Investigators have declined to say what information they had that helped
them find the body, or if Bobby Cutts led them to the body.

DIVORCE COURT

According to the divorce filing, Kelly and Bobby Cutts married in July 2001.

They have one daughter, born in May 2001. They’ve been separated since
February, and the couple's daughter has been staying with her mother.

The Plain Township house and two vehicles are listed as the couple's only
assets.

Kelly Cutts’ lawyer, Lorrie Fuchs, didn’t want to discuss the case and said
that her client didn’t want to talk with reporters. “We’ll let the court
filings speak for themselves.”

Fuchs said Cutts wanted to convey her sympathy to Patty Porter and the Davis
family.

Dealing with Davis’ death and the arrest of Bobby Cutts also has been
difficult for Kelly Cutts, Fuchs said. “It’s obvious that she and her family
are going through a lot.”

OTHER PROCEEDINGS

A hearing stemming from a lengthy dispute between Bobby Cutts and former
Stark County resident Nikki Giavasis is set for Monday in California. The
pair have battled in California and Ohio over custody of their 9-year-old
daughter.

Bobby Cutts won a motion to reallocate parental rights and responsibilities
for the girl in a ruling issued last July by Family Court Judge David
Stucki. But Stucki overturned the ruling on Monday, after Giavasis’ lawyer,
Jeffrey Jakmides, cited incidents surrounding Davis’ disappearance.

Stucki based his initial decision on psychological evaluations by Mark G. Tully, who
examined Bobby Cutts, Giavasis and their daughter. The reviews indicated
Bobby Cutts was better able -- at that time -- to meet the child’s needs.

Tully determined that Giavasis “is completely lacking of any insight as to
her responsibility regarding the effects of the multiple moves from
residence to residence as well as the 11 different school systems that the
child has attended within the last three years.”

But a report filed in the California case blasts Cutts.

J.H. Carter-Lourensz, a UCLA child psychiatry professor and independent
child abuse evaluator, interviewed the girl after Giavasis requested a
review. Carter-Lourensz wrote in a follow-up report that the girl felt
“sexually unsafe and threatened verbally, emotionally and physically by Mr.
Cutts.”

In January, a Superior Court judge in California granted a request by
Giavasis to temporarily suspend visitation rights and telephone and e-mail
contact between Bobby Cutts and their daughter, citing “evidence of physical
and emotional abuse perpetrated on the child.”

Canton Repository staff writers Shane Hoover and Kelli Young and The Associated
Press contributed to this report.

FUNDS TO HELP JESSIE M. DAVIS’ FAMILY

At least two funds have been established to help the family of Jessie M.
Davis, who was found dead Saturday after being missing for eight days.

Accounts have been opened at:

National City Bank

35576 S. Arlington Road, Green

Account for Patricia Porter for benefit of Jessie Davis.

Donations can be made at any National City location. Call (330) 896-1965 and
ask for Debbie Tucker.